BILL NUMBER: SB 2001	CHAPTERED  09/27/00

	CHAPTER   785
	FILED WITH SECRETARY OF STATE   SEPTEMBER 27, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 27, 2000
	PASSED THE ASSEMBLY   AUGUST 18, 2000
	PASSED THE SENATE   MAY 18, 2000
	AMENDED IN SENATE   MARCH 30, 2000

INTRODUCED BY   Senator Poochigian

                        FEBRUARY 25, 2000

   An act to amend Sections 65090 and 65091 of the Government Code,
relating to local planning.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 2001, Poochigian.  Local planning:  public notice.
   (1) The Planning and Zoning Law provides that whenever a hearing
is held for a permit or modification of a permit for a drive-through
facility, the local agency shall incorporate, where necessary, notice
procedures to the blind, aged, and disabled communities, as
specified.  Existing law also requires that whenever notice of a
public hearing is required regarding the adoption of a general or
specific plan, specified procedures are to be followed.
   This bill would require that these notice procedures also be
incorporated whenever a local agency considers the adoption or
amendment of policies or ordinances affecting drive-through
facilities.  By imposing new duties on local agencies, including
charter cities, the bill would create a state-mandated local program.

  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 65090 of the Government Code is amended to
read:
   65090.  (a) When a provision of this title requires notice of a
public hearing to be given pursuant to this section, notice shall be
published pursuant to Section 6061 in at least one newspaper of
general circulation within the jurisdiction of the local agency which
is conducting the proceeding at least 10 days prior to the hearing,
or if there is no such newspaper of general circulation, the notice
shall be posted at least 10 days prior to the hearing in at least
three public places within the jurisdiction of the local agency.
   (b) The notice shall include the information specified in Section
65094.
   (c) In addition to the notice required by this section, a local
agency may give notice of the hearing in any other manner it deems
necessary or desirable.
   (d) Whenever a local agency considers the adoption or amendment of
policies or ordinances affecting drive-through facilities, the local
agency shall incorporate, where necessary, notice procedures to the
blind, aged, and disabled communities in order to facilitate their
participation.  The Legislature finds that access restrictions to
commercial establishments affecting the blind, aged, or disabled is a
critical statewide problem; therefore, this subdivision shall be
applicable to charter cities.
  SEC. 2.  Section 65091 of the Government Code is amended to read:
   65091.  (a) When a provision of this title requires notice of a
public hearing to be given pursuant to this section, notice shall be
given in all of the following ways:
   (1) Notice of the hearing shall be mailed or delivered at least 10
days prior to the hearing to the owner of the subject real property
or the owner's duly authorized agent, and to the project applicant.
   (2) Notice of the hearing shall be mailed or delivered at least 10
days prior to the hearing to each local agency expected to provide
water, sewage, streets, roads, schools, or other essential facilities
or services to the project, whose ability to provide those
facilities and services may be significantly affected.
   (3) Notice of the hearing shall be mailed or delivered at least 10
days prior to the hearing to all owners of real property as shown on
the latest equalized assessment roll within 300 feet of the real
property that is the subject of the hearing.  In lieu of utilizing
the assessment roll, the local agency may utilize records of the
county assessor or tax collector which contain more recent
information than the assessment roll.  If the number of owners to
whom notice would be mailed or delivered pursuant to this paragraph
or paragraph (1) is greater than 1,000, a local agency, in lieu of
mailed or delivered notice, may provide notice by placing a display
advertisement of at least one-eighth page in at least one newspaper
of general circulation within the local agency in which the
proceeding is conducted at least 10 days prior to the hearing.
   (4) If the notice is mailed or delivered pursuant to paragraph
(3), the notice shall also either be:
   (A) Published pursuant to Section 6061 in at least one newspaper
of general circulation within the local agency which is conducting
the proceeding at least 10 days prior to the hearing.
   (B) Posted at least 10 days prior to the hearing in at least three
public places within the boundaries of the local agency, including
one public place in the area directly affected by the proceeding.
   (b) The notice shall include the information specified in Section
65094.
   (c) In addition to the notice required by this section, a local
agency may give notice of the hearing in any other manner it deems
necessary or desirable.
   (d) Whenever a hearing is held regarding a permit for a
drive-through facility, or modification of an existing drive-through
facility permit, the local agency shall incorporate, where necessary,
notice procedures to the blind, aged, and disabled communities in
order to facilitate their participation in any hearing on, or appeal
of the denial of, a drive-through facility permit.  The Legislature
finds that access restrictions to commercial establishments affecting
the blind, aged, or disabled, is a critical statewide problem;
therefore, this subdivision shall be applicable to charter cities.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
